A wrongful death case arises when a surviving family member or loved one brings a lawsuit against a party that the plaintiff believes was responsible for the death.  Most often, this type of lawsuit arises from negligent actions.  Mediation provides an effective forum to seek compensation for the loss of a loved one without having to go through the ordeal of litigation.

Emotions

A wrongful death case can be one of the most heart-wrenching cases to litigate.  Often, victims feel victimized twice: once by the actual loss of a loved one and second by the turmoil involved in litigation.  In litigation, the defendant denies any accountability for the death.  Additionally, cross-examination can be a grueling experience in which other parties or even the victim is blamed for the death.

Mediation provides a mechanism in which the surviving family member can share the feelings of anger, resentment, sadness, depression and confusion in a safe environment.  Mediators are specially trained to handle conflict and difficult situations.  Often, talking through this information with a mediator can be cathartic.  It can also help the victim focus on objective goals rather than on the raw emotions.  Although the defendant may have different emotions, these can also be addressed in mediation, providing a calmer and comforting experience for all parties involved.

Non-Binding

One surprising benefit of mediation in this context is that it is non-binding.  Either party can simply decide to walk away and continue with litigation.  This allows the parties to keep power in the situation and avoid being coerced into an agreement with which they are not satisfied.  Both parties must agree to be bound to any settlement agreement.

Certainty

A jury may provide a substantial economic award to the victim’s family to the defendant’s detriment.  It can also decide that the defendant was not at all at fault for the death.  The parties can both avoid uncertainty by reaching a settlement agreement.